2019 Articles

2019: Year of eClosings? By Summer Chance February 2019 A look at the real estate industry's market trends and potential disrupters for 2019.

Big Breaches and Back to Basics By Summer Chance September 2019 Practical advice for protecting yourself and your practice from data breaches.

Completing commercial due diligence: Do not forget governmental requirements and zoning! By David B. Sosin January 2019 A roundup of some of the most commonly overlooked issues in commercial real estate transactions that all practicing lawyers should review.

Considerations for non-married parties purchasing residential real estate together By Erica Minchella March 2019 Unmarried couples pose specific problems for attorneys handling their real estate transactions.

Cook County Board Passes Just Housing Ordinance By Adrian P. Zeno August 2019 The Cook County Board of Commissioners passed an amendment to the human relations code to assist the formerly incarcerated with equal access to housing.

Cook County Recorder of Deeds fee schedule changing May 2019 A new fee schedule takes effect on May 20.

Cook County Recorder of Deeds Rejects Transfer on Death Instruments October 2019 Recently, the Cook County Recorder of Deeds has been rejecting proffered Transfer on Death Instruments unless the document contains both the document number of the last duly recorded deed and the date of that recording.

Do You Have Bats in Your Belfry—I Mean, Building? Bat Removal Restricted: Recent Amendment to DNR Rule November 2019 The amended language of the Department of Natural Resources rule on bat removal.

Does the term “sidewalk” encompass a private walkway? By Emily R. Vivian January 2019 A summary of Hussey v. Chase Manor Condominium Ass’n, which addresses whether an informal pathway behind a condominium building is considered a “sidewalk” under the immunity provisions of the Snow and Ice Removal Act.

Drafting a FSBO residential real estate contract: Questionnaire for your clients By Colleen L. Sahlas May 2019 You as the attorney can properly draft the residential real estate sales contract from the get-go, rather than “fixing” it during the attorney approval period.

The effect of First Midwest Bank v. Cobo on lenders and servicers in their collection pursuits By Julie A. Repple & Stephen G. Daday June 2019 The Illinois Supreme Court examined whether a mortgage foreclosure action and a breach of note action assert the same cause of action for the purposes of the Illinois Single Refiling Rule in First Midwest Bank v. Cobo.

Farm leasing: More complex than ever? By Jeffrey A. Mollet April 2019 Using a proper written lease to address many of the issues in farm land leases can help avoid potential problems.

Final Order in Mortgage Foreclosure Action Bars All Claims Against the Mortgagee, Even a Claim for Fraud Upon the Court By James V. Noonan September 2019 A summary of Taylor v. Bayview Loan Servicing, LLC, in which the plaintiffs brought an action against a lender who foreclosed a mortgage on their home in a prior proceeding.

Illinois Appellate Court Rejects Mortgagor’s Attempt to Thwart Foreclosure by Claiming a Sham LLC He Set up Was Not Properly Served By James V. Noonan August 2019 In a recent appellate case, the mortgator belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC he set up shortly before foreclosure proceedings began, contending the LLC was not served.

Illinois Condominium Deconversion: An Overview By R. Kymn Harp November 2019 An overview of condominium deconversion, a colloquial term referring to the process of removing property from the provisions of the Illinois Condominium Property Act.

Illinois Supreme Court decision in Teamsters Local Union No. 700 has ramifications for condominium associations, municipalities, and other areas of law By Ellis Levin May 2019 The Illinois Supreme Court decision in 1550 MP LLC v. Teamsters Local Union No. 700 has ramifications for a wide variety of other areas of law.

ILTA to Host Town Hall Meeting on Market Conduct Reform September 2019 ILTA will be hosting its second town hall meeting on market conduct reform on October 16 in Lisle.

In retrospect: The 2018-19 Real Estate Law Section Council year By Ted M. Niemann June 2019 Ted Niemann, chair of the Real Estate Law Section Council, looks back on the 2018-19 bar year.

It’s time to legislate the implied remedy for 22.1 disclosure violations By Adam B. Whiteman March 2019 Summaries of two cases that discuss the ramifications of violating section 22.1(a) of the Illinois Condominium Property Act.

1 comment (Most recent March 21, 2019)

Kroot v. Chan: The Residential Real Property Disclosure Act revisited By Michael J. Maslanka July 2019 In Kroot v. Chan, plaintiffs alleged that the defendants violated the Residential Real Property Disclosure Act and committed common law fraud in the sale of their Chicago property.

Land Trusts, Deeds, and Chain of Title Issues By Richard W. Rappold November 2019 A case summary of Alward v. Jacob Holding of Ontario L.L.C., et al., a case that reinforced two fundamental rules of Illinois real estate law.

Legal Research Tip By Michael J. Maslanka September 2019 It is important to always check for the case's subsequent history in addition to Shepardizing it.

Lessons in Interpretation of Covenants and Restrictions By Kim Casey August 2019 In Standlee v. Bostedt, the appellate court addressed the proper construction of seemingly contradictory provisions of a declaration of covenants and restrictions when addressing claims attempting to enforce those restrictions in a residential subdivision.

Mortgage foreclosure defense: Mortgagors beware By Michael J. Maslanka May 2019 Bank of New York Mellon v. Wojcik, et al. offers some points of guidance to mortgage foreclosure defense attorneys.

Multi-Board Contract 7.0 – Handling cash transactions By Ralph J. Schumann March 2019 The recently-released 7.0 version of the Multi-Board Contract aims to reduce confusion and promote smoother closings.

The ‘Multi-Board Residential Real Estate Contract 7.0’ By Philip J. Vacco February 2019 The new version of the Multi-Board Residential Real Estate Contract includes significant changes that real estate attorneys need to be aware of to expertly guide their clients through the transactional real estate process.

MyDec to be required for all Cook County conveyances February 2019 Effective January 21, 2019, prior to recording, all Cook County property conveyance instruments must be accompanied by an electronically-completed Cook County Real Estate Transfer Tax Declaration.

1 comment (Most recent February 13, 2019)

New Illinois Trust Code Takes Effect Jan. 1, 2020 September 2019 A notice of the new Illinois Trust Code that will take effect in 2020.

Property Disclosure Checklist Alert By Michael J. Maslanka November 2019 Various entites and sellers are statutorily exempt from having to complete the residential real property disclosure checklist.

Quick hitters: Points of current interest By Michael J. Maslanka February 2019 Three brief legal updates for Illinois real estate attorneys.